Fraud

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What is the act and section number for fraud?
Fraud Act 2006 s2
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What is the actus reus?
A representation which is false
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What is a representation of fact?
Statements.
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What is a representation of law?
Representing you have the authority
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What is a representation as to state of mind?
D's belief
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What is express representation?
Words/conduct
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What is implied representation?
assume (R v Barnard)
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What is a false representation?
A representation is false where it is untrue or misleading (less than wholly true)
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What is the case for excessive quotations?
R v Silverman
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What is the mens rea for fraud?
at the time of the false representation, D is dishonest, D knows the representation is/might be untrue/misleading and D intends to make a gain or cause a loss
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Does there have to be proof of actus gain/loss/risk of loss?
No - just intention
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Other cards in this set

Card 2

Front

What is the actus reus?

Back

A representation which is false

Card 3

Front

What is a representation of fact?

Back

Preview of the front of card 3

Card 4

Front

What is a representation of law?

Back

Preview of the front of card 4

Card 5

Front

What is a representation as to state of mind?

Back

Preview of the front of card 5
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